Chapter 20.12
LAND ACQUISITION

Sections:

20.12.010    Methods of real property acquisition.

20.12.020    Assembly resolution authorizing the real property acquisition.

20.12.030    Offer to acquire real property.

20.12.040    Acquisition for fair market value.

20.12.050    Exercise of the power of eminent domain – Limitation.

20.12.010 Methods of real property acquisition.

A. The primary methods the borough may use to acquire lands or improvements inside or outside the borough boundaries are:

1. Negotiated purchase or lease; each lease shall incorporate or is deemed to have incorporated the following clause: “Unless the assembly by resolution provides otherwise, this lease shall automatically terminate without penalty on June 30th of any year during which the Fairbanks North Star Borough assembly fails to appropriate funds sufficient to make the lease payments on the leased property for the following fiscal year”;

2. Negotiated exchange involving borough land;

3. Dedication, grant or gift;

4. Deed in full or partial satisfaction or settlement of a debt owed to the borough, legal action with the borough, or judgment in favor of the borough; and

5. Exercise of the powers of eminent domain and declaration of taking in accordance with AS 29.35 and FNSBC 20.12.050.

B. This section does not prohibit the borough from acquiring lands or improvements by any other lawful means. (Ord. 2016-40 § 101, 2016; Ord. 2005-67 § 2, 2005; Ord. 86-056 § 2, 1986. 2004 Code § 25.05.010.)

20.12.020 Assembly resolution authorizing the real property acquisition.

An assembly resolution authorizing the acquisition shall be required before the borough may acquire land or improvements except that a resolution shall not be required if the acquisition is for a fair market value and the acquisition is:

1. Pursuant to a dedication of a right-of-way or public utility easement;

2. Pursuant to a grant previously approved by the assembly;

3. Pursuant to a general grant land entitlement previously approved by the assembly;

4. Pursuant to a deed in full or partial satisfaction or settlement of a debt owed to the borough, legal action with the borough, or judgment in favor of the borough; or

5. For a right-of-way or easement necessary for the development of a service area improvement, borough facility or borough land disposal previously approved by the assembly. (Ord. 2016-40 § 101, 2016; Ord. 86-056 § 2, 1986. 2004 Code § 25.05.020.)

20.12.030 Offer to acquire real property.

An offer to acquire land or improvements for the borough shall be in writing and shall be signed by the mayor or the manager of the division of land management. (Ord. 2016-40 § 101, 2016; Ord. 2013-85 § 6, 2013; Ord. 86-056 § 2, 1986. 2004 Code § 25.05.030.)

20.12.040 Acquisition for fair market value.

The assembly may authorize the mayor to acquire land or improvements for more than fair market value only if the resolution authorizing the acquisition contains a finding that the acquisition is for a compelling public purpose or use and a statement of the facts on which the finding is based. (Ord. 2016-40 § 101, 2016; Ord. 86-056 § 2, 1986. 2004 Code § 25.05.040.)

20.12.050 Exercise of the power of eminent domain – Limitation.

Exercise of the power of eminent domain by the borough is prohibited unless the property acquired thereby is actually used by the borough or the public. Eminent domain is not to be used to further private economic development. (Ord. 2005-67 § 3, 2005. 2004 Code § 25.05.050.)